P.M. v. the United Kingdom



Application No. 21177/93

by P.M.

against the United Kingdom

The European Commission of Human Rights sitting in private on

10 October 1994, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

A. WEITZEL

F. ERMACORA

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G.H. THUNE

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

G.B. REFFI

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

N. BRATZA

I. BÉKÉS

J. MUCHA

E. KONSTANTINOV

D. SVÁBY

G. RESS

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 30 November 1992

by P.M. against the United Kingdom and registered on 20 January 1993

under file No. 21177/93;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The facts as submitted by the applicant may be summarised as

follows.

The applicant is an Irish citizen born in 1952 and currently

serving a sentence of life imprisonment in HM Prison Maghaberry in

Northern Ireland. The applicant is represented by Martin Donaghy, a

solicitor practising in Dungannon.

The applicant was convicted of murder in or about January 1979

and was sentenced to mandatory life imprisonment.

The applicant's sentence was reviewed by the Life Sentence Review

Board ("the Board") after he had served ten years. The Board decided

to defer the case for another five years.

On 24 June 1992, the Board reviewed the applicant's case. On 1

July 1992, the applicant was informed that the Board had deferred the

case for another year. He subsequently learned that the co-defendant

at his trial, who also was convicted of murder and received a mandatory

life sentence, had been recommended for release by the Board.

COMPLAINTS

The applicant complained under Article 5 para. 4 of the

Convention that the Life Sentence Review Board is insufficient to

satisfy the requirement of judicial control of the lawfulness of the

his detention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 30 November 1992 and registered

on 20 January 1993.

On 3 May 1993 the Commission decided to communicate the

application without requesting observations from the respondent

Government.

By letter dated 4 August 1994 the Secretariat of the Commission

provided the applicant's representative with a copy of the judgment of

the European Court of Human Rights in case of Wynne v. the United

Kingdom (judgment of 18 July 1994, to be published in Series A no. 294-

A) and requested the applicant's representative to inform the

Commission whether, in light of that judgment, the applicant wished to

maintain his application.

By letter dated 18 August 1994 the applicant's representative

informed the Commission that the applicant does not wish to continue

further with the application.

REASONS FOR THE DECISION

Having regard to Article 30 para. 1 (a) of the Convention, the

Commission notes that the applicant does not intend to pursue his

application in light of the aforementioned Wynne judgment. Moreover,

in accordance with Article 30 para. 1 in fine of the Convention, the

Commission finds no special circumstances regarding respect for human

rights as defined in the Convention which require the examination of

the application to be continued.

For these reasons the Commission, unanimously,

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)